Bombay High Court
Vishal Vishwambhar Mane And ... vs The State Of Maharashtra And ... on 9 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 982-WP-1355-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
982 WRIT PETITION NO. 1355 OF 2022
VISHAL VISHWAMBHAR MANE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. Pratap V. Jadhavar
AGP for Respondent Nos. 1 and 2 : Mr. S.P. Tiwari
Advocate for Respondent No. 3 : Mr. M.D. Narwadkar
...
WITH
CIVIL APPLICATION STAMP NO. 4142 OF 2022
IN
WRIT PETITION NO. 1355 OF 2022
ORIGANASATION FOR RIGHTS OF TRIBLE THOUGH ITS SECRETARY
THROUGH SHIVDATTA S/O LAXMAN KARHALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for applicant : Mr. S.N. Lale Yelwatkar
AGP for Respondent Nos. 1 and 2 : Mr. S.P. Tiwari
Advocate for Respondent No. 3 : Mr. M.D. Narwadkar
Advocate for Respondent No. 4 : Mr. Pratap V. Jadhavar
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 9th FEBRUARY, 2022
PER COURT :-
1. The tribe claim of the petitioners as belonging to 'Koli Mahadev'
Scheduled tribe is invalidated.
2. The learned counsel for petitioners submits that father of both
petitioners are issued with validity certificates of 'Koli Mahadev.' The
vigilance was conducted before issuing validities to Vishwambar and
Shivnarayan, father of both the petitioners. Many of the contra entries in
the present matter, were the subject matter for consideration before the
::: Uploaded on - 10/02/2022 ::: Downloaded on - 11/02/2022 06:23:16 :::
2 982-WP-1355-22.odt
Scrutiny Committee in the proceedings of their fathers. It is submitted
that validities issued to near paternal relatives is a relevant fact. In
support of his submission, learned counsel for petitioners relied upon
the judgment of this Court in the case of Apoorva d/o Vinay Nichale
Versus Divisional Caste Certificate Scrutiny Committee and others
reported in 2010 (6) Mh.L.J. 401.
3. The learned AGP for respondents submits that there are contra
entries on record, which were suppressed, when validities were issued to
the father of the petitioners. The petitioners failed in the affinity test.
4. We have considered the submissions. The vigilance reports in case
of father of the petitioners is placed on record. There are some contra
entries which were the subject matter of consideration while issuing
validities to the father of petitioners. In the vigilance in case of the
father of petitioners, the school record of Sheshrao Mahadeo and Pandit
Baburao was also considered. The vigilance did not find contra evidence
while granting validity to the Vishwambar Mane. There is contrary
vigilance report in the case of father of the petitioners and present
petitioners in respect of the same entries. Father of both the petitioners
are issued with validity certificates.
5. In view of the judgment in the case of Apoorva (supra), we pass
the following order.
ORDER
(i) The Committee shall issue the validity certificate to
the petitioners of 'Koli Mahadev', Scheduled Tribe.
(ii) The said validity shall be subject to the decision that
would be taken by the Committee in the proceedings
reopened of the validity holders relied by the
petitioners.
3 982-WP-1355-22.odt
. Writ Petition is accordingly disposed of. No costs.
6. In view of disposal of writ petition, civil application stands
disposed of.
( S.G. DIGE ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
